John Donohue v. State

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas April 24, 2014

No. 04-14-00060-CR

John DONOHUE, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR3514 Honorable Raymond Angelini, Judge Presiding

ORDER Sitting: Catherine Stone, Chief Justice Marialyn Barnard, Justice Luz Elena D. Chapa, Justice

Appellant John Donohue filed his appellant’s brief on April 18, 2014. The court finds that appellant has flagrantly violated Rule 38.1 of the Texas Rules of Appellate Procedure by failing to cite to the appellate record. The Rules of Appellate Procedure require that factual and procedural assertions in the statement of the case, statement of facts, and argument of the brief be supported by references to the appellate record. See TEX. R. APP. P. 38.1(d), (g), (i). Appellant’s brief does not contain any citations to the record.

We therefore order appellant to file an amended brief by May 5, 2014. If the amended brief does not correct the deficiencies listed above, we “may strike the brief, prohibit [appellant] from filing another, and proceed as if [he] had failed to file a brief.” See TEX. R. APP. P. 38.9(a).

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of April, 2014.

___________________________________ Keith E. Hottle Clerk of Court